a.
SECOND
READING AND PUBLIC HEARING/Ordinance No. 3-01/In the Matter of
Amending Chapter 6 of Lane Code to Add Provisions Pertaining to Interference
with Official Duties, Providing False Information and False Swearing.

Todd Winter, Parks, reported
the last time they were before the Board, Sorenson requested a random survey
of other county park rangers to find out what their level of authority was as
it pertained to failure to identify and the problems they were having.He noted of the 13 counties he spoke with, not many park rangers have
citation authority.He said that
Lane County developed the program further than most counties in Oregon.He said they wanted to add interference with official duties, failure
to identify, false information, non-payment of fees, dog waste matter and
exclusions.

Sorenson
asked about the failure to identify and the problem it was attempting to deal
with.

Winter responded if someone
was parked illegally, or a vehicle was off the roadway or speeding, they could
capture the vehicle license number, run it through the DMV for the driver
information and then send it through registered mail to the address. He said
occasionally they would have a dog off the leash.

With regard to failure to
identify, Sorenson asked if they could give the person the choice of a warning
or a citation.He was looking for
an alternative so people wouldnít have to carry identification.

Winter noted they had a strong
customer service approach and donít immediately issue a citation.He added these were second or third offenses when they issue citations
and ask for identification.

Sorenson said he didnít
understand the use of ď. . . Shall refuse to disclose that personís
identity.Ē

Sorenson
asked what would happen if they were unable to show anything other than their
name.

Winter
said he would take the name and information and issue the citation that way.

Dwyer said they need a tool
for people who defy authority because there is nothing on the books that gives
them the authority to act.He
noted park rangers donít carry weapons and are not policemen.He said they need to empower the people that work there.

Sorenson
asked if the Parks Advisory Committee looked at this.

Winter
said they had endorsed all of this information and asked him to move forward.

Winter noted on occasion they
have had someone who committed a serious offense (vandalism and other acts).

Dwyer
asked if there was an appeal process.

Winter responded that within
five days they go before the Lane County Justice Court and could appeal to the
judge.

Regarding exclusion process,
Dwyer recommended rather than relying on default, he wanted the citation to
explain the exclusion policy, stating exclusion from the public park may be
appealed and the process for the appeal.

Winter noted they could write
on the citation that they may appeal within five days.He could inform his officers about it.He explained they issue Oregon uniform citation and
complaints and that would be the device he would deliver the exclusion on.He would include Lane Code.He
said if they didnít show up within five days, they would be automatically
guilty and the judge would allow the exclusion automatically.

Sorenson asked how they could
straighten out the use of the uniform citation as a device for issuing an
exclusion.

Kardell wanted direction to
work with Park staff to craft a separate exclusion notice.He said the exclusion is based on violations.He said if they were going to do an exclusion, there is no place on the
form other than placing it into the "other" category, as Winter
suggested.He said in order to
set it out more clearly (since there would be separate rights to a hearing) it
would be within five days. He wanted to work together on an order.

Green didnít
want to set this up for failure.

Dwyer wanted to make sure the
exclusion is easy to understand and for a defined time.He said different offenses have to be at different levels of exclusion
and they need to develop exclusion based upon the offense.He said they have to work with counsel to develop that and bring it
back to the Board.

Kardell noted the exclusion
under 6.590 (proposed with this order), would be for a Class D violation of up
to seven days, and it goes up to four months for a Class A violation.

Sorenson asked if the
exclusion order could explain that they are excluded immediately and they have
the right to contest that when and if they request a hearing to contest their
citation.

Kardell noted there had been
some First Amendment case law about giving people quick hearings for
associative rights.

Winter stated he had spoken
with the courts regarding the process for the exclusions and there wouldnít
be a problem with a violation accompanied by an exclusion.He noted in that instance, they would allow both violation
and exclusion to be heard within a five-day period.

Commissioner Morrison opened
up the Public Hearing.There
being no one signed up to speak, she closed the Public Hearing.

MOTION:
to approve Ordinance No. 3-01.

Dwyer
MOVED, Green SECONDED.

Sorenson
stated the motion should be to approve the Ordinance except for the exclusion
portion.

Kardell said the direction to
him regarding exclusions was to see if the Courts could accommodate someone
who might have the violation matter heard at the same time as the exclusion
within five days.

Sorenson suggested working out
a process where the park employee could issue the citation for the same date
as the exclusion hearing or the deadline, to request a hearing.

Dwyer
amended his motion to deal with the exclusions separately.

Green
SECONDED.

Morrison reiterated that the
motion was to go forward with the recommendations with the exception of the
exclusion. Kardell will work with staff to bring back the notice of the five
days, the court hearings and the option being up to the defendant, giving them
the choice to proceed in five and/or thirty days.

Sorenson asked if there was
any reference to the exclusion provision in the rest of the proposed
ordinance.He asked if they would
have to give notice of an additional public hearing on the exclusion ordinance
if they approve the ordinance today.

Kardell
said they could continue this hearing in order to resolve the exclusion
portion.

Dwyer said they have to adopt
this portion of the ordinance and then give notice of a new ordinance on
exclusions and what it encompasses.

Winter
asked if they wanted Parks to develop a new citation form.

Morrison
noted the citation would come back with the exclusion piece.

Kardell said if the Board
wanted to pass this with the removal of 6.590 exclusion provisions, they could
present that as they change the document.

ROLL
CALL VOTE: 4-0.

11.
COMMISSIONERS'
ANNOUNCEMENTS

Morrison announced that the Eugene Celebration parade would be going
forward.

There being no further business, Commissioner Morrison adjourned the
meeting at 2:20 p.m.